The reports appearing at different fora about some cases of overcharging by the private healthcare establishments have come to the notice of the Government. As per the constitutional provisions, ‘Health’ is a State subject. Therefore, such reports are referred to the concerned State Government for appropriate action.
Since ‘Health’ is a State subject, State Governments may frame policy to address the unethical practices carried out by private hospitals under the appropriate statutory provisions applicable in the respective State.
The Government of India has enacted Clinical Establishments (Registration and Regulation) Act, 2010 for registration and regulation of all clinical establishments (both Government and Private) in the Country. In accordance with the Clinical Establishments (Central Government) Rules, 2012 framed under the aforementioned Act, the clinical establishments (in the States / Union Territories where the said Act is applicable) are, inter-alia, required to follow Standard Treatment Guidelines as may be issued by Central/State Governments, display their rates at a conspicuous place and charge the rates for each type of procedures and services within the range of rates determined from time to time in consultation with the State Governments. The National Council for Clinical Establishments has developed a standard list of medical procedures and a standard template for costing of medical procedures, and the same have been shared with the States/UTs where the Act is applicable, for appropriate action. The implementation and enforcement of the said Act is within the purview of the State/UT Governments.
As per the provisions of the Clinical Establishments Act, 2010, the State Government authorities namely, District Registering Authority at District level and State Council for Clinical Establishments at the State level are responsible for implementation and monitoring of the Act in the respective State/UT. No such concern about the registering / regulating authority has been received from NITI Aayog.
The Minister of State (Health and Family Welfare), Ashwini Kumar Choubey stated this in a written reply in the Lok Sabha here today.